In wake of Fall River crash, what does it take to drive a truck?

Marc Larocque

Sunday

Feb 26, 2012 at 12:01 AMFeb 26, 2012 at 3:27 PM

In the days following a fiery crash involving a commercial trucker with a checkered driving record, some observers have focused their attention on the rules and regulations governing commercial driver’s licenses (CDL).

In the days following a fiery crash involving a commercial trucker with a checkered driving record, some observers have focused their attention on the rules and regulations governing commercial driver’s licenses (CDL).

Taunton resident Luis Cotto, who has a four-page driving record including many motor vehicle infractions, was behind the wheel of a truck that crashed last Sunday in Fall River, bursting into flames on Route 79. Cotto’s record includes five speeding offenses, three infractions for vehicle crashes and several others, including refusing to obey police and impeding operation. The record also mentions a 1993 Class A drug distribution conviction, which automatically resulted in the suspension of his driver’s license for three years. (Cotto received his CDL in November 2008, according to RMV records.)

Cotto claims the accident was the result of another driver firing a gun at his truck, but authorities have yet to confirm Cotto’s story and say the investigation is ongoing. He has faced no charges in relation to the crash and explosion. Cotto, a self-employed trucker, had both an active driver’s license and CDL at the time of the crash and the licenses remain active, according to the state’s Registry of Motor Vehicles.

How to get a CDL
In Massachusetts, a CDL is required to operate any combination of vehicles with a maximum allowable total weight (when loaded) of 26,001 pounds or more, according to the state Department of Transportation (DOT), or if the vehicle in question weighs less than 26,001 pounds a CDL is required to transport 16 or more people or hazardous materials. There also are different classifications of the CDL depending on whether the vehicle in use is towing another vehicle which is more than 10,000 pounds or not.

In Massachusetts, a driver cannot get a CDL until they are 21 to drive interstate, but to drive strictly within the state it can be obtained at age 18. Drivers cannot take the tests for a permit or license while their driver’s license is suspended or their right to operate is taken away, which can result from drug distribution charges, drunk driving, leaving the scene of crashes and other severe driving offenses, which are detailed in the Massachusetts Driver’s License handbook.

While a criminal background check is not required to take the test — although commercial trucking is not allowed for those who have offenses on their record resulting in suspended or revoked licenses — many companies will not hire a trucker with a spotty driving record.

“Nowadays, trucking companies require a background check,” said Matt Manoli, safety director for the Chelsea-based Burke Oil company, which has 65 commercial truckers operating throughout the northeast. “We do reference checks and driving record checks to make sure applicants are qualified to work here. We contact previous employers, look into references and gaps in employment, driving record checks. We also check social media.”

To get a CDL license, one must first obtain a permit by passing a written test — which has several iterations with different sections for the varying classes of CDL — with the largest section on general knowledge, which must be taken by applicants for all classes of CDL. Candidates are encouraged to study the CDL Manual, which is available at RMV Branch offices or on the Massachusetts RMV web site, in order to pass the test.

After that, a candidate must schedule a road test, which is overseen by State Police. The test requires candidates to bring a commercial motor vehicle (CMV) that has passed state inspection with a valid sticker. Test takers are required to properly conduct a pre-trip vehicle inspection, perform basic vehicle control maneuvers, and demonstrate skill on public roadways.

“Massachusetts is probably one of the more rigorous states when it comes to an individual initially obtaining a CDL,” said Michael Verseckes, a Mass DOT spokesperson. “Our skills tests are more stringent than other states.”

Candidates for CDL are not required to go to school, but practice is strongly encouraged by the government and experts in the field.
To drive a CMV, one must also have a medical certificate from the U.S. DOT, proving they are fit to drive.

How to lose a CDL
Once a driver has a CDL, there are many ways the license can be revoked or suspended. They can all be found on the Federal Motor Carrier Safety Administration’s web site.
“Driving in Massachusetts is a privilege. It is not a right.” Those are the first words to Chapter 2 of the state’s general driver’s license manual, which refers to the CDL license.

All states have a computerized system to share information about CDL drivers, to monitor their records and to make sure they only have one CDL.

A driver will lose a CDL for at least one year for a first offense — including driving a CMV under the influence of alcohol or a controlled substance, leaving the scene of a crash or using the CMV to commit a felony, according to the CDL manual distributed by Mass DOT.

If the offense is committed while operating a CMV that is placarded for hazardous material, the driver will lose their CDL for at least three years, the manual says, and if this is done twice, the license is lost for life. The CDL is also lost for life if a CMV is used to commit a felony involving controlled substances.

“As far as the number of citations issued, we are probably more in the middle of the pack in following with those federal standards,” Verseckes said.

A driver will lose the CDL for at least 60 days if they have committed two serious traffic violations within a three-year period involving a CMV. The CDL is lost for 120 days for three serious traffic violations within a three-year period.

Serious traffic violations include excess speeding (15 miles per hour above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely and any traffic offenses committed in a CMV in connection with fatal crashes.

Drunk driving violations for CMVs are twice as strict as typical motor vehicles. If a driver is caught with an blood alcohol content of 0.04 while operating a CMV, they lose their CDL for one year, but on a second offense it is lost for life. (Operating a CMV, according to the laws, automatically entails implied consent for alcohol testing).

Verseckes, of MassDOT, said anytime a driver’s license is suspended in a standard motor vehicle, “the suspension also applies” to the CDL used for CMVs.

“The suspension is applied equally all around,” he said.

A whole different set of regulations apply to school bus CDL drivers, including sex offender information and passing a CORI check.

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